Bharatkumar Amritlal Thakar And 2 ORS v. Sumanth Bolar (Decd.) L/H 1(A) Chandrakala. Chandar 1(B) Deepa. Kochery 1(C) Divya. Chandar

3 s 1216-19 with ia 849-24 with nms 2327-19-os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.849 OF 2024 IN SUIT NO.1216 OF 2019 AND NOTICE OF MOTION NO.2327 OF 2019 IN SUIT NO.1216 OF 2019 WITH SUIT NO.1216 OF 2019 Bharatkumar Amritlal Thakar and ors.

... Applicants/Defendants Vs.

Chandrakala Sumanth Chander Bolar and ors. ... Respondents/Plaintiffs ------- Mr. Jay Joshi i/by M/s I. R. Joshi & Co., Advocate for the Applicants/ Defendants.

Mr. Abhishek L. Tripathi, Advocate for the Respondents/Plaintiffs. ------- CORAM :

ABHAY AHUJA, J.

DATE :

03 JULY, 2024.

P.C. :

INTERIM APPLICATION NO.849 OF 2024 IN SUIT NO.1216 OF 2019 Digitally signed by PRIYA RAJESH SOPARKAR Date:

2024.07.04 10:38:12 +0530 PRIYA RAJESH SOPARKAR 1.

When the matter is called out, Mr. Jay Joshi, learned counsel appears for the Defendants No.1 to 3 and submits that pursuant to order dated 22nd April, 2024, this Court had directed payment of costs of Rs.50,000/- subject to which written statement was to be taken on record. Mr. Joshi submits that the written statement has been filed and the costs Priya R. Soparkar

3 s 1216-19 with ia 849-24 with nms 2327-19-os.doc of Rs. 50,000/- have also been paid to the Plaintiffs. Mr. Abhishek L. Tripathi, learned counsel for the Plaintiffs confirms that Plaintiffs have received the costs.

2.

The Interim Application No.849 of 2024 which was disposed of by order dated 22nd April, 2024, accordingly, be removed from board. NOTICE OF MOTION NO.2327 OF 2019 IN SUIT NO.1216 OF 2019 3.

Both the learned counsel agree that the Notice of Motion can be disposed of, if the Defendants/Respondents in the Notice of Motion furnish name and address of the legal heirs of the Builder in whose name the TDR has been transferred to complete the project. 4.

Mr. Jay Joshi, learned counsel appearing for the Defendants seeks some time to take instructions in the matter. 5.

Accordingly, for Mr. Joshi to take instructions on the aforesaid, list on 1st August, 2024.

(ABHAY AHUJA, J.) Priya R. Soparkar